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1 Republic of albania Ministry of foreign affairs WRITTEN REPLIES ON THE LIST OF ISSUES OF THE HUMAN RIGHTS COMMITTEE TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE SECOND PERIODIC REPORT OF ALBANIA (CCPR/C/ALB/2), IN THE FRAMEWORK OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Tirana, June 2013

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    Republic of albania

    Ministry of foreign affairs

    WRITTEN REPLIES ON

    THE LIST OF ISSUES OF THE HUMAN RIGHTS COMMITTEE TO BE TAKEN UP IN

    CONNECTION WITH THE CONSIDERATION OF THE

    SECOND PERIODIC REPORT OF ALBANIA (CCPR/C/ALB/2),

    IN THE FRAMEWORK OF THE

    INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

    Tirana, June 2013

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    Constitutional and legal framework within which the Covenant implementation (art. 2).

    Question 1

    1. In the Republic of Albania, the international law enjoys a privileged position compared to the

    domestic legislation. Article no 5 of the Constitution defines the obligation of the Albanian state

    has towards the application of the international law. Article no122 defines that any international

    agreement ratified by the Parliament constitutes part of the internal legal after being published in

    the Official Journal. It is directly applicable, except for the case when it is not self-executing and

    its application requires the endorsement of another law. An international agreement ratified by

    law has priority over the laws of the country that are incompatible with it. On this basis, the

    international conventions on human rights field acceded or ratified by Albania, which also

    foresee the dispositions which guarantee the human rights without discriminating on national,

    ethnic or social origin, gender, race colour, language, religion, political convictions or of any

    other kinds, assets, birth, in capabilities, age or any other state bases, in which the Republic of

    Albania has acceded or ratified, have become part of the domestic legislation.

    2. Likewise, in many cases, the provisions of the Covenant have been invoked before the Constitutional Court specifically: Decision no 8, dated 21.05.1993; Decision no 28, dated

    17.03.2011; Decision no 64, dated 14.06.2011; Decision no11, dated 02.04.2008, Decision no

    20, dated 09.07.2009; Decision no 9, dated 23.03.2010; Decision no 3, dated 03.02.2012;

    Decision no7, dated 07.02.2013. Also the provisions of The Covenant have been invoked before

    the Supreme Court in two decisions: Decision no 202, dated 30.09.2009, and Decision no 415,

    dated 27.02.2013.

    Question 2

    3. The measure taken to ensure the full independence of the Ombudsmans office on the allocation of human and financial sources, referring to the provisions of the Law 9936/2008 On

    the management of the budgetary system in the Republic of Albania, amended, the budget of all

    general governing units (including Ombudsman) is drafted by the Ministry of Finances based on

    the budgetary requirements of the institutions. Later on the drafts are endorsed by the Council of

    Ministers and the Parliament.

    Non-discrimination, equal rights for men and women (arts. 2, paragraph. 1 and 3)

    Question 3

    4. Since the establishment of the Commissioner for the Protection against Discrimination, there has not been any court decision in Albania on the application of the Law no10221, dated

    04.02.2010 On Protection against Discrimination. Currently, the following cases are being

    sued: In one case CPD is summoned as the interested party, after CPD has previously followed

    an administrative procedure about the same issue for which the decision of discrimination has

    issued. In another case, where the Commissioner has ruled one discrimination decision, the

    plaintiff has brought the case to the Court, and in this suit, the Commissioner was summoned as

    a third party but during the trial the plaintiff asked the suspension of the trial for the third person

    (CPD), because the object of trial had been changed and eventually the court decision was not

    expressed against discrimination. In another case previously reviewed by CPD, the plaintiff

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    presented a lawsuit claim in the court for compensation. In this case, the Commissioner

    communicated to the court the decision. The court decided to suspend the review of the

    complaint made by the plaintiff based on the Commissioners decision to suspend the

    investigations.

    Question 4

    5. One of the objectives of the government policies on gender equality and fight against

    violence in families has been and remains in continuance the raise awareness of the whole

    society and structures to eliminate all gender stereotypes and promote the womens role in the

    political, socio economic and social life. Media is considered as one of the main partners. The

    progressive influence of media focusing on gender equality problems, especially the womens

    participation in politics, culminated in the 2009 election campaign and the 2011 local elections,

    with some programs and debates in the main media of our country. The awareness campaigns

    have continued which aimed at omitting the gender stereotype, increasing the public and political

    decision taking of the women, their economic consolidation etc.

    6. Law no 97, dated 04.03.2013 On audio-visual media in the Republic of Albania, foresees

    that one of the main principles for the radio-television activity is also the unbiased respect of the

    right for information, political and religious faiths, personality, dignity and the other human

    fundamental rights and freedoms (article 4, point b). This law also foresees that the services

    offered upon users request are not allowed to include programs promoting hatred on racial,

    ethnical, gender, national or religious bases (article 76). So far Audio-visual Media Authority has

    not encountered any practice in the electronic media, or received any complaint from any entity

    regarding the introduction of women as sexual objects. In contrast, the Audio-visual Media

    Authority, in accordance with the above provisions, has the power to intervene whenever the

    electronic media offers programs that promote, among other things, gender hatred. Starting from

    2008, this institution in the frame of electronic media monitoring, has measured the time

    awarded to each gender. The presence of female actors in Albanian electronic media continues to

    improve. Cooperation with the media is an on-going objective in the National Strategy for

    Gender Equality, Reduction of Gender and Domestic Violence, 2011-2015.

    7. In the framework of international instruments, the Republic of Albania has ratified the

    "Convent of the Council of Europe on preventing and combating violence against women and

    domestic violence" with the Law no 104/2012, dated 08.11.2012.

    8. The legal framework for the fight against domestic violence. Recent amendments in the

    Criminal Code,

    with the law no 23/2012, dated 01.03.2012, foreseen in Article 130 / a, adds the offense of

    domestic violence, such as a) beating, as well as any other act of violence against a person who

    is a spouse, former spouse, cohabitant, or ex cohabitant, close sex or close marriage relations to

    the offender, by violating the physical, psychosocial and economic integrity, is punished with up

    to two years imprisonment, as well as b) a serious threat of death or injury, and c) wilful injury

    done to the person who is the spouse, former spouse, cohabitant or ex cohabitant, or close sex or

    close marriage relations to the offender, with the violation of the psychic integrity, are

    considered criminal offenses for which appropriate penalties are also provided.

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    Law no 144/2013, published in Official Journal 83, May 2013 is recorded the inclusion of new

    provisions related to domestic violence, child protection, in accordance with the

    recommendations of the Committee of the UN Convention "On elimination of discrimination of

    all forms of discrimination Against Women, Convention "On the Rights of the Child", and the

    Council of Europe Convention against human beings trafficking.

    9. Regarding the activity of state structures in the fight against violence on women and domestic

    violence is based on a series of laws and regulations, namely: the law no10329, dated 30.09.2010

    "On some amendments to Law No9669, dated 18.12.2006 "On measures for violence in family

    relationships"; law no 9970, dated 24.7.2008 "On gender equality in society" law nr.10221, dated

    04.02.2010 "On protection from discrimination". There are also designed sectorial strategies

    accompanied by action plans and relevant programs. Based on the programs and monitoring of

    the "National Strategy on Gender Equality and Domestic Violence 2007-2010", and after the

    adoption and implementation of the National Strategy on Gender Equality, reducing gender-

    based violence and domestic violence 2011-2015, adopted by the CMD no 573, dated

    16.06.2011, it can be concluded that the situation of combating violence against women and

    domestic violence has undergone positive changes. It is also adopted the Strategy of State Police

    2007-2013, according to the principle of community policing. State Police is already a subject

    qualitatively legitimate to ask the court to issue orders for the protection of minors.

    10. Following the adoption of the legal frame against the phenomenon of domestic violence, the

    structures of the Ministry of Interior have begun work on its application, anticipating the

    restructuring of State Police at the central and peripheral level, approval of administrative acts

    for measures, prevention and reduction of the phenomenon of domestic violence, the creation of

    registers and forms suitable for the identification, treatment and prevention of domestic violence,

    draft manual on measures to prevent violence, protection and care of the victims, administrative

    and professional capacity building through training and professional qualifications, organizing

    awareness campaigns, establishment of cooperation with other institutions.

    11. The level of denunciations of domestic violence. As a result of expertly handling domestic violence

    case, the number of denunciations of violence in police structures during the last 5 years has been

    increasing, also reflected in the following statistics: 822 cases were identified (377 are treated with

    lawsuits requests) during 2008; 1217 cases (841 are treated with lawsuits requests) were identified in

    2009; 1998 cases (1234 are treated with lawsuits requests) were identified in 2010; 2181 cases (1345

    treated with lawsuits requests) were identified in 2011; 2300 cases (1497 are treated lawsuits request)

    were identified during 11 months of 2011.

    Point 4 (a) and (b)

    12. In implementing the Government programs, the Albanian legislation, specifically Law no

    9970, dated 24.07.2008 "On gender equality in society", Law No 9669, dated 18.12.2006 "On

    measures against violence in family relations, and monitoring of the National Strategy on Gender

    Equality 2007-2010, stipulates that gender equality and the fight against women and domestic

    violence has been the priority focus of government and has undergone positive changes. Support

    from the UN program One "On gender equality in Albania", and other organizations operating in

    the country on these issues, and cooperation with civil society has played a very positive role in

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    meeting the many commitments, the objectives of the Strategy, made it possible the inclusion of

    gender issues at all levels by providing institutional capacity building, increasing the

    participation of women in employment promotion programs, raise public awareness on gender

    issues and violence against women, building and operating the facilities and support services ,

    increasing participation in political decision-making, taking measures to omit gender stereotypes

    in education and media.

    13. Increasing the representation of women in political and public life: As a result of the

    application of the quota and increase of awareness, the data on the representation of women and

    girls are: Parliamentary Elections 2009 -Women hold 22 seats in the Parliament or 15.7%, of the

    government cabinet one woman holds the post of a minister or 7.1% of the cabinet, Deputy

    Ministers are a total 35, out of which 7 are females or 20.6%. (The data of December 2012). Out

    of 12 Prefects, 2 are women (in Gjirokastra, Shkodra) or 16.6%.

    14. Local elections 2011 out of 65 municipalities 3 are women mayors or 4.6% (Burrel,

    Konispol Patos), out of 11 mini-municipalities in Tirana 2 are women mayors or 18% (unit 1 and

    5), member of Municipal Council 12.3 %, 2 out of 309 mayors, 1 district chairman out of 12.

    15. Increased number of women in public life and the public administration: During this period

    women were elected in key decision-making positions as Speakers of Parliament, Chief of the

    Supreme Court, General Prosecutor, and President of the CEC and the Chairman of the High

    Inspectorate of Assets Declaration etc. In 2008 the participation at specialist level was 58.8%

    whereas in 2011 it was 64.9%. At middle management level is 40.2% in 2011. At senior

    management level, the representation of women is 24.3% versus 75.7% held by men. In the year

    2012 the data for the sharing between men - women in the civil service in ministries and in the

    Prime Minister Cabinet are: in total - 59% female, 41% male. At management levels (ranging

    from sector responsible - general secretary) - 47.8% female, 52.2% male, at executive level

    (specialists) - 64% female, 36% male.

    16. Representation in the justice system: In the High Council of Justice the number of women is

    21.4%, out of 14 members in the Supreme Court 6 are women, a total of 42.8%. Member of the

    Constitutional Court 1 female out of 8, a total of 12.5% are females. The statistics in 2010 show

    that the representation of women judges in the two courts of the first two instance judgment is

    32% of the total number. The number of women prosecutors in the first instance is 30%, in the

    second instance 18% and in the General Prosecution 38%.

    17. Economic consolidation of women and girls: This area remains one of the government's long-

    term priorities. Economic consolidation of women and girls plays a key role in achieving gender

    equality and reduce domestic violence. In the recent years, have been implemented programs to

    promote employment and vocational training from which a significant number of girls and

    women mainly those in need have benefited. Also, the CMD no 27, dated 16.01.2012 "On the

    promotion of female employment seekers from special groups", intended to encourage Albanian

    leaders and managers to hire unemployed jobseekers women from vulnerable groups, which

    have difficulty to enter the labour market. It is also being worked to implement pilot programs to

    promote business women through the implementation of programs like that of Credit Guarantee

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    Fund for Export and Competitiveness Fund. These programs have served to promote women's

    business by providing loans and incentive programs to open businesses.

    18. Women in rural areas: governmental policies are focused mainly on supporting rural

    women's consolidation and on this purpose Rural Development Strategy is oriented towards

    creating employment opportunities in the rural areas by prioritizing the encouragement of the

    investment among local people and particularly women and youngsters. Also in 2012, in the

    evaluation criteria of the subsidy scheme is also considered to include with priority the

    application when farms are managed by a woman.

    Point 4 (c) and (d)

    19. There are no complaints regarding the violation of the principle of equal payment for work of

    equal value. State Labour Inspectorate, which is subject to the application of law in the field

    found no such violation. In terms of complaints and sanctions applicable to violations of

    respecting the principle of gender equality in elections under Article 175 of the Election Code, is

    found that: Regarding the election of the local government held on the 8th

    of May 2011, were

    registered as electoral subjects 56 political parties. For the Municipality of Tirana were registered

    in the multi-name lists in CEC, a total of 36 elective subjects. There were also recorded three

    candidates for mayor in the Municipality of Tirana. At this stage, the CEC discovered the non-

    implementation of the law related to gender equality with respect to multi-name list for the

    Council of the Municipality of Tirana. In this case, the CEC pursuant to Article 67 of the

    Election Code, issued administrative sanction for the electoral subject that did not respect gender

    equality (every three names belongs to each gender) in multi-name list for Tirana Municipality

    Council.

    Question 5

    20. With regard to measures taken to prevent and punish discrimination against persons

    belonging to the LGBT community, in terms of improving the legal and subsidiary framework is

    noted that: The Law 144/2013 "On some amendments to Law No 7895, dated 27.1.1995"

    Criminal Code of the Republic of Albania ", amended, is reformulating existing provisions in the

    letter" J "of Article 50 (Article 6) so that it is consistent with the terminology of the Constitution

    and the law against discrimination to include all cases, which according to the legislation

    constitute discrimination. Specifically this letter changes as follows: "j) when the offense was

    committed due to reasons related to gender, race, colour, ethnicity, language, gender identity,

    sexual orientation, political opinions, religious or philosophical beliefs, health status, genetic

    predisposition or disability ... ". Also, Article 253: "Violation of equality of citizens" after the

    word "sex" are added the words "sexual orientation or gender identity," then the article is

    reformulated: "Performing because of the task and of its exercise, of employees by state function

    or public service, the differences based on origin, sex, sexual orientation or gender identity,

    health status, religious or political beliefs, trade union activity or because they belong to an

    ethnic group, nation, race or religion, that results in unfair privileges or denial of a right or

    benefit that comes from the law, punishable by ... ". This reformulation was made in order to

    include other causes provided by law "On protection from discrimination" including sexual

    orientation and gender identity of the person, ensuring a wider protection of persons against

    discriminatory reasons for which the employee with a state function or public service can

    differentiate citizens by violating the principle of equality. "It also reformulated Article 265 of

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    the Criminal Code "Promoting hatred or strife", which is provided as a criminal offense even

    where among other things happens because of sexual orientation.

    21. In order to undertake concrete measures for the protection of LGBT rights, is designed

    Action Plan for non-discrimination on grounds of Sexual Orientation and Gender Identity,

    2012-2014, where a contribution was made by the Office of the Commissioner for the

    Protection against Discrimination. Some of the measures envisaged in this plan are: training of

    public administration at central and local government with new concepts and principles of the

    law for protection against discrimination, organizing awareness campaigns, annual publications,

    publications, leaflets, successful practices against discrimination; concrete measures by public/

    private institutions and business activities to ensure equality under the law on anti-

    discrimination, training of employment offices specialists and teaching staff on LGBT issues,

    involvement in school curriculum / extra curricula on the rights of LGBT persons in the context

    of human rights, revision of textbooks with discriminatory content. The approval of the Law "On

    Protection against Discrimination", in February 2010, is a concrete step in the protection of

    human rights initiated by the international documents. Law enforcement has the object and the

    principle of equality in relation to gender, race, colour, ethnicity, language, gender identity,

    sexual orientation, political beliefs etc.

    22. Order no55 dated 14.04.2011 of the Minister of Labour, provides the establishment of a working

    group near MoLSAEO "To design a plan of measures for persons with different sexual orientation." This

    group is supported by other actors such as civil society organizations working in this field, international

    organizations, representatives of academic field and the contribution of independent institutions such as

    the Commissioner for Protection against Discrimination and Ombudsman, drafted the action plan which

    includes measures to review the legislation in compliance with anti-discrimination provisions of

    international documents and recommendations in this field, containing campaigns for raise public

    awareness, etc. Also, on February 26th , 2013 is signed a Cooperation Agreement between the

    Commissioner for Protection against Discrimination and the PINK Embassy / LGBT Pro Albania, in

    order to promote further cooperation between them for a more effective protection against discriminatory

    behaviour toward the LGBT community.

    23. Activities developed to protect the rights of the LGBT community: A wide range of activities,

    conferences and seminars have been developed: 1) Third National Debate for Human Rights in

    Albania, held on December 17th

    , 2010, in the third panel was discussed the protection of LGBT

    rights in Albania; 2) Training on "Inclusion of LGBT issues in social policy", organized on

    December 14th

    , 2011 by PINK Embassy in the framework of enhancing cooperation between the

    latter and institutions that have a role in terms of respecting the rights of the LGBT community;

    3) "Diversity Festival", realized for the first time in our country, on 17th

    May, 2012, as part of

    the International Day against Homophobia, during this event were distributed informative

    brochures "How the law protects LGBT " On Protection against Discrimination ", which was

    drafted by a joint contribution of the Pink Embassy and the Commissioner for Protection against

    Discrimination. 4) Seminar with the topic "Stop Violence: LGBT rights are human rights",

    organized by the U.S. Embassy in 13-15 June 2012. In the meeting were cited a number of cases

    which highlighted the problems of violence and discriminatory and threatening behaviour

    towards the LGBT community; 5) National Conference on "Non-discrimination - Challenge and

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    Commitment for Albania " in support of the United Nations Program for Development (UNDP)

    in the framework of the program "One UN", on February 23rd

    , 2011; 6) Roundtable Discussion:

    "To better protect human rights against discrimination based on sexual orientation and gender

    identity, on 28th

    of July 2011, organized by MoLSAEO in cooperation with the PINK Embassy

    and LGBT Pro Albania; 7) Roundtable discussion on the Council of Europe Project "Combating

    discrimination based on sexual orientation and gender identity," dated February 7th

    , 2012, with

    representatives of inter institutional group. 8) Regional Conference "LGBT Movement in the

    Balkans. Achievements and Challenges ", on 18-19 March 2013, organized by Pink Embassy

    and COC Netherlands, with the participation of stakeholders and institutions such as MoLSAEO,

    Commissioner for Protection against Discrimination, Ombudsman, as well as local NGOs and

    those from the Balkan. 9) Albania attended the Regional Conference on the Rights of LGBT

    Persons, organized on March 26th

    , 2013 in Paris, under the auspices of the French Government in

    collaboration with the European Commission and the Polish government. 10) On 23rd

    of April

    2013, was held the first meeting of the working group for the implementation of the Action Plan

    for people with different sexual orientation and gender identity.

    24. Sexual orientation discrimination complaints: Since year 2010 the Commissioner for

    Protection against Discrimination has treated a total of 17 complaints of sexual orientation,

    associated with many problems such as: the use of "hate speech", discriminatory language that

    violates the dignity of the LGBT community, to exercise acts of violence, etc. In May 2012 CPD

    has found out in a public statement a discriminatory language on persons belonging to the LGBT

    community. The measure taken by the Commissioner's decision was to force the responsible

    person to publicly apologize and to avoid in the future the use of language which produces the

    effect of diffusion, promotes hatred or other forms of discrimination against persons because of

    their sexual orientation and gender identity. While in May 2013, this institution has issued three

    discrimination decisions: a discrimination decision is given after a complaint of PINK / LGBT

    PRO Embassy claiming discrimination because of the sexual orientation of a person who is a

    public figure associated with the language used in a newspaper article for the LGBT community.

    Also, after ex-officio investigation, the Commissioner has issued a discrimination decision

    against a person who is a political leader and analyst due to inappropriate language used against

    the LGBT community, during a TV debate.

    Right to life and prohibition of torture and cruelty, inhuman or degrading treatment, and the fight

    against impunity (arts. 2, 6 and 7)

    Questions 6 and 7

    25. Based on the Constitution and international conventions on human rights, in the Criminal

    Code there are a number of provisions regarding the illegal removal of freedom, kidnapping,

    holding hostage the person, enforced disappearance, torture, punishment or cruelty, inhuman or

    degrading treatment. Specifically are defined a number of provisions which guarantee that no

    one could be subject to torture, punishment or cruelty, inhuman or degrading treatment and the

    prevention of acts of torture or any abuse. In the Criminal Code (Article 86) the prediction of

    torture as a crime is in line with the definition in the Article 1 of the Convention against Torture.

    The Penal Code (Article 87) also defines torture or any other inhumane act as a criminal offense

    so as these actions have serious consequences. By law no 9686, dated 26.2.2007 "On some

    amendments to the Criminal Code of the RA has been amended section 86 of the Criminal Code,

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    namely torture means" intentional crime conduct by which a person has suffered severe physical

    or mental pain, by a person who performs public functions, or with his promotion or approval or

    tacitly, in order: a) to obtain from him or another informations or statements b) to punish him

    for an act conducted or suspected to have been committed by / or another person, c) to intimidate

    or put pressure on another person or d) for any reason based on discrimination of any form, d)

    any other inhuman or degrading act.

    26. The Criminal Code (as amended by Law no 8733/2001 and Law no 9275/2004) in Article

    109 is foreseen as a criminal act with respective sanctions "" kidnapping or holding hostage a

    person even when it is committed against a minor under the age of 14 years old. Also in the

    Penal Code (as amended) in section 110 are provided respective provisions and sanctions,

    regarding the illegal deprivation of liberty.

    27. Involvement in the Criminal Code of the RA with the law nr.144/2013, of the enforced

    disappearance (Article 109 / a) as a specific offence, the degree of punishment in accordance

    with the degree of risk, as well as other legal provisions on the illegal deprivation of liberty,

    kidnapping, holding a person hostage, torture, punishment or cruelty, inhuman or degrading

    treatment constitute an appropriate legal framework to prevent these acts and guarantees the non-

    avoidance of the state against enforced disappearances, torture or other inhuman or degrading

    treatments. Inclusion in the Criminal Code of the RA with the law no144/2013, of the enforced

    disappearance as a specific offence, the degree of punishment is in accordance with the degree of

    risk, as well as other legal provisions on the illegal deprivation of liberty, kidnapping, holding a

    person hostage, torture, punishment or cruelty, inhuman or degrading treatment constitute an

    appropriate legal framework to prevent these acts and guarantees the non-avoidance of the state

    against enforced disappearances, torture, other inhuman or degrading treatments.

    28. The mission of the State Police is closely linked to the respect of human rights and freedoms, in

    particular of the persons stopped, arrested and detained at police stations. In order to plan, track

    and monitor the implementation of measures to improve the treatment and respect of the rights of

    persons taken into custody, detained at the police station, and the implementation of

    Recommendation No 12 of the EC, the State Police adopted the Work Programme no1800, dated

    02.04.2012 "On the performance of recommendation no 12 of the Analytical Report of the

    European Commission and the Ombudsman. For monitoring and implementing the tasks to fulfil

    recommendation no 2 of the EC, with the order no145 dated 04.04.2012 of the General Director of

    State Police has established a central working group chaired by the Deputy General Director of the

    Public Security Police. It has been made an assessment of all the cases when the police officer with

    his action or inaction, has violated human rights and fundamental freedoms, namely the

    accompanied persons, or detained / arrested at the custody and security premises.

    29. Referring to statistics it is shown that in 2010 the Directorate of Professional Standards has

    investigated administratively and measures have been taken for 22 police officers for violating

    the discipline as foreseen by Article 11, point 5 and 14 dealing with the performance of improper

    actions and unlawful or unreasonable use of force. While during 2011 several cases were

    investigated administratively and disciplinary measures were taken for a) arbitrary act of duty to

    the special police officers, as follows: For a disciplinary offence provided in Article 11, point 14

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    of the Rules of Discipline of the State Police approved by the Decision no786, dated 04.06.2008,

    which has to do with the use of illegal or unreasonable force, are investigated three cases: one

    case is given disciplinary action expulsion from the police; 1 case was given the disciplinary

    action suspension without payment for up to 30 days; for one disciplinary case was given

    "Deferment of grading up to 12 months." b) for disciplinary offenses provided in Article 11,

    point 5 of the Rules of Discipline, which has to do with indecent performing, 6 cases were

    investigated, the first case was given disciplinary action expulsion from the Police; 3 cases

    were given disciplinary action "suspension without payment for up to 30 days", for two cases

    was given disciplinary measures "Deferment of grading up to 12 months." The Internal Audit

    Service, in 2010, sent to the Prosecution a total of 17 criminal cases for violation of fundamental

    freedoms and human rights on duty, for 24 police officers from whom 4 senior police officer and

    20 police officers of the first-level of implementation. As for 2011, again from IAC were sent to

    the prosecution a total of 4 cases for 4 police officers of implementation level.

    During the inspections carried out in 2011 and 2012, the Department of Public Safety, in the

    Regional Police Directorate and the Police in the districts, for the failure of non-fulfilling their

    responsibilities to function in terms of respecting the rights and freedoms of persons taken into

    custody and stopped, Chiefs sectors in Regional Police Directorates and Heads of Sections for

    Order and Public Safety in the Police Stations were given 24 disciplinary measures.

    30. The prosecution institution, on the basis of complaints or denouncements or by its own

    initiative started criminal proceedings in cases of torture, abuse and other violent acts to the

    detriment of the health of the accompanied arrested, detained, detainees or prisoners,

    investigating and bringing in front of criminal liability the culprits. From 2010 to the first three

    months of 2013 for these offences the prosecution has filed 100 criminal prosecutions for

    criminal proceedings in cases of torture, in charge of 49 people. Defendants or under

    investigation are employees of the State Police, Prisons, Police, State Intelligence Service and

    local police. According to the offences there are prosecuted: - 98 proceedings, with 44

    defendants for the crime of arbitrary acts, Article 250 of the Criminal Code; - 2 proceedings,

    with 5 defendants, for the crime of torture, Article 86 of the Criminal Code. For these offenses

    have been indicted in the court for 12 proceedings, against 21 individuals, who according to the

    functions and roles are largely of base role. 66 proceedings against 35 individuals have been

    closed due to the lack of evidence and 6 proceedings for misidentification of the offender and

    continue the trace them have been suspended. Individuals, against whom charges are sent for

    trial in the court, 21 were declared guilty and sentenced. Persons against whom a court has been

    indicted and are condemned for ill-treatment are primarily representing employees of the State

    Police and the Municipal Police. 11 persons were imprisoned, and 6 individuals were fined.

    31. On 02/15/2011 Prosecution of Tirana Judicial District has registered criminal proceedings

    no286 / 1 for offenses for arbitrary actions and abuse of power, provided by Articles 250 and 248

    of the Criminal Code. Criminal proceedings are recorded on the basis of the report of some

    citizens, participated in the protest held on January 21st, 2011 on the Boulevard "Martyrs of the

    Nation." These citizens report the fact that during their accompanying after the demonstration in

    the premises of the Police Stations were abused physically by the police officers of these

    stations. For that criminal proceedings are conducted a number of investigative actions to

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    identify and hold legally accountable police officers who have committed arbitrary actions

    against these individuals.

    32. Regarding the first part of question 6 we inform: Following the adoption of the Dick Marty

    Report, in his capacity of rapporteur of the Parliamentary Assembly of the Council of Europe,

    the Albanian authorities immediately expressed their willingness in cooperating as quickly and

    effectively with EULEX Special Investigative Task Force, for the investigation of the unfounded

    allegations made by the rapporteur Marty. Considering the importance of a full and transparent

    clarification on the allegations raised in this report, the Assembly of the Republic of Albania

    adopted the law "On jurisdictional relations in criminal matters with the EULEX special

    investigation unit" in May 2012. Based on this law, EULEX prosecutors are allowed to

    investigate within the Albanian territory on the alleged implications of Albania in the illicit

    trafficking in human organs in the Albanian territory mentioned in Dick Marty's report.

    33. Referring the question 7 regarding the investigations of the cases during the events of

    January 2011, the structures of the Ministry of Interior (Internal Audit Service) have conducted

    an inspection. Pursuant to the Order of the Director General of ICS no 82/1, dated 04.02.2011

    "On the performance of extraordinary structures Inspection of State Police" and the Inspection

    Protocol no 82/2, dated 04.02.2011, sent by letter no. 82 dated 04.02.2011, the Directorate

    General of State Police, extraordinary inspection took place in the structures of the State Police.

    In conclusion, the report contains 12 recommendations on the management of the situation by

    the State Police structures before, during and after the events of 21 January 2011, which provide,

    among other, to respect strictly the rights and fundamental freedoms by the structures of the State

    Police, in association, detention and arrest, use of force must be proportional to the degree of risk

    and should not exceed the limits of the present situation. On the recommendation "Adopting of

    the eventual development of a comprehensive plan for future situations where a considerable

    number of persons could be taken under supervision at the same time", it may be noted that

    keeping the simultaneous treatment of a significant number of people arrested / detained (like the

    21 January) on the security rooms County police Department and police stations in Tirana, is

    impossible because of the number of rooms and security rooms is limited. One other is about the

    "Review of policy on crowd control operations, which often include persons deprived of their

    liberty and training to police officers who commit this type of operations".

    34. Regarding the criminal proceedings against police officers who have violated the rights of

    persons accompanied, arrested/ detained, by the Internal Control Service for the period January -

    May 2011 have been conducted the procedural actions which have referred to the prosecution in

    4 cases of police charged the executive level, for violation of human rights, committing actions

    arbitrary, other intentional injuries and beating. During the period 2011-2013, the Internal

    Control Service has sent to the Prosecutor of the Judicial District, 9 criminal referrals (cases) for

    13 police officials, where one police was officer of the first management level and 12 officers of

    executing level, for the charges of ill-treatment and violence during the accompaniment of

    persons on the premises of police stations. All these referrals are initiated by complaint from

    citizens. For 4 of these cases has been decided the discontinue of the proceeding or the dismissal

    of the case by the prosecution. At the General Police Directorate has been established a working

    group to review the rules and procedures laid down in the "Manual of rules for handling and

  • 12

    securing a detained in police units "approved by order no. 64, dated 25.01.2010 of the General

    Director of Police. This Working Group was established to ensure full respect of fundamental

    freedoms and human rights and in particular to persons deprived of liberty (the arrested /

    detained persons) during the activity of the State Police and for the implementation of the

    recommendations made by the European Committee for the Prevention of Torture, Ombudsman

    and other institutions.

    Question 8

    35. One of the priorities of the Albanian Government has been consistently fighting for the

    prevention and reduction of gender violence and domestic violence. In this context, hard work

    has been done to complete the legal framework, for the establishment and strengthening of new

    structures in support of victims of domestic violence, capacity building of professionals through

    training, awareness campaigns.

    37. Law No 9669 dated 18.12.2006 "On measures against violence in family relations", aims at

    preventing and reducing domestic violence in all its forms and to guarantee, through legal

    measures, the protection of family members, who are victims of domestic violence, paying

    particular attention to women, children, the elders and disabled people, providing the defendant's

    right to appeal in court. Deadline for appeal of an order of protection is 15 days (Article 17, point

    3 (d)). Deadline for appeal of an emergency protection order is 5 days (Article 19, point 3 (d).

    The appeal does not affect the implementation of the order which shall be effective and apply

    immediately. This means that the perpetrator while waiting for the appeal is bound to apply the

    order of protection. The appeal filing does not suspend the execution of the court decision to

    issue an emergency protection order or an order of protection (Article 21, point 3). The filing of

    appeal does not suspend the order of protection, which remains into force (Article 22, point 3).

    38. In 2010 - April 2013 there have been significant steps in improving legislation and legal

    framework in support of the victims of domestic violence: 1) In September 2010 the law

    no10329, dated 30.09.2010 was adopted "On some amendments to Law No 9669, dated

    19.12.2006" On measures against violence in family relations ". The main purpose of this law

    was to solve some problems that have arisen during its implementation and the establishment and

    support of special responsible structures for the protection, support and rehabilitation of victims,

    prevention and mitigation of consequences of domestic violence. The changes in the law paved

    the way to the establishment of the first national shelter for victims of domestic violence,

    increasing the national referral system for victims of domestic violence as well as providing free

    legal aid to victims of domestic violence. 2) The amendments made to the Law No10.399 dated

    17.03.2011, "On social assistance and social services" (as amended) that sanctioned the right of

    withdrawal of economic assistance not only to belong to the head of the family, but also included

    abused women when they are provided with protective orders. Also the woman has access to

    benefits and social assistance in cases the spouses are divorcing and a court final decision has not

    been pronounced yet.

    39. With the law no104/2012 dated 08.11.2012 the Albanian Parliament ratified the Council of

    Europe Convention, "For preventing and combating violence against women and domestic

    violence." With the ratification of this Convention, Albania once again was committed to

  • 13

    cooperate at regional and international level against gender violence and domestic violence, as

    well as legislative measures, political and executive ones to combat the phenomenon.

    40. The Criminal Code of the Republic of Albania addresses a wide range of offences and

    punishment measures for their performance, which are based on the violence against women.

    The legislation provides that the commission of criminal offences gender-motivated constitutes

    an aggravating circumstance and increases the author / authors penalty sanction of

    accomplishment. This provision also provides the aggravating circumstance of committing

    criminal offenses of weak motivation. The concept of weak motivation is elaborated by the

    jurisprudence by including the killing of women committed in the name of honour. In these

    circumstances, the judge of the case decides the appointment of a security period, during which

    no parole is allowed for the defendant. (Article 64, the Criminal Code).

    41. One of the most important legal amendments is the inclusion of domestic violence as a

    criminal offense in the Criminal Code of the Republic of Albania. With the amendments made to

    the Criminal Code, the Law No 23, dated 01.03.2012, domestic violence is a crime foreseen in

    Article 130 / a, which mentions the forms of violence, as well as measures to protect the

    environment of the subjects of this article. The changes have also included systematic

    psychological and economic abuse, as well as measures to liberate the victims of domestic

    violence from the obligation to stand a trial in the case of "minor physical injuries."

    42. Also another important amendment made recently in the Criminal Code is in Law 144/2013,

    the addition of the offence of murder because of family relations (Article 79 / c), so deliberate

    killing of a spouse, former spouse, cohabitant or former cohabitant, or close sex or marriage

    close relation to the offender shall be punished not less than twenty years or life imprisonment.

    43. The blood feud phenomenon is unacceptable in the Albanian society and must be fought with

    more rigor and determination. For this reason the Law 144/2013 "On amendments to the

    Criminal Code" has foreseen the increase of the penalty for this blood offense thus conveying a

    clear message and determination in combating intolerance and even to punish this offense. So

    after the Article 78 of the Criminal Code is added Article 78 /a in which it is predicted that

    intentional homicide for blood feud is sentenced to not less than thirty years or life

    imprisonment;

    41. Another measure is the inclusion of marital rape as a criminal offense and stricter sanctions

    against this offense. Thus, in the Article 102 of the Penal Code as amended by Law 144/2013, it

    is foreseen stricter measure of punishment for committing rape, inter alia, between spouses.

    42. The Office for Budget Administration of the judicial system has its annual budget which

    covers all court expenses under applicable laws and regulations including the costs associated

    with application of the law on domestic violence.

    43. In order to take measures to reduce the maximum cases of family violence, the High Council

    of Justice, with decision no 297 dated 15.11.2012, point 9 has set the realization the thematic

    inspection for the period 01.01.2011 to 30.06.2012, in the first instance courts and appeals, in

  • 14

    connection with the examination of issues relating to 'taking measures against domestic violence.

    The inspection report is being compiled.

    44. Supporting victims of domestic violence with residential services and shelters: Law No 9355

    dated 10.032005, "For the Relief and Social Services", as amended sanctions that: social care

    services, according to the way of financing, are classified into public and private services. This

    means that services toward the person can also be organized by private entities. Public social

    care services include social care services that are offered in residential institutions, every day or

    at home, for vulnerable groups including victims of domestic violence. These services are funded

    from the central budget and the budgets of independent local government under the law: i) Town

    hall or municipalities administer social services to all individuals who are residents of the city or

    municipality; ii) The district administers services when they are provided to individuals

    belonging to several local units in the district. Private social care services include social care

    services that are offered in residential centres, every day care centres or at home, self-paid.

    45. In the Republic of Albania there are 24 private social care services for victims of domestic

    violence and the National Centre for Victims of Domestic Violence (state). Sorted by service

    typologies there are 7 non-public entities that provide residential services, two in Tirana, one in

    Berat, one in Kora, one in Elbasan, one in Vlora and one in Gjirokastra and a public entity that

    provides residential services in Tirana. There are also 17 non-public entities that provide

    community services (counselling, advocacy, integration etc.) for victims of domestic violence

    distributed in 12 districts.

    46. The time beneficiaries can spend (victims of domestic violence) in the centre is in accordance

    with their needs, this is performed by evaluating the needs of the beneficiaries of the

    multidisciplinary team which is reflected in the plan of care according to standard No2, of the

    CMD no505 dated 13.07.2011 "On approval of standards of social care services for victims of

    domestic violence, in residential centres, public and non-public" and Instruction No 13, dated

    17.12.2012 "On the implementation of standards of social care services for victims of domestic

    violence, in residential centres, public and non-public. In order No36 dated 18/03/2011 of the

    Prime Minister was established the National Centre for Treatment of Victims of Domestic

    Violence and in April of that same year the Centre began functioning. Establishment and

    operation of the centre was supported by UNDP in the framework of "One UN" program. The

    purpose of this centre is the rehabilitation of women, girls and children of domestic violence.

    The centres mission is to provide social support and quality services, consistent with

    contemporary standards of domestic violence victims (women, girls, children, boys up to 16

    years old) and social care needs in order to promote independence, inclusion, dignity as well as

    their integration into normal life. There is available service and treatment 24 hours a day by

    providing specialized assistance for rehabilitation and return to normal life until the disposition

    of their close family, or in other appropriate places.

    Question 9

    49. Due to the high social risk posed by the criminal offense of murder for revenge, Article 78 of

    the Criminal Code stipulates that murder committed on interest basis, blood feud or revenge, is

  • 15

    an offense against the life of the person who is charged with no less than twenty years or life

    imprisonment.

    50. State Police have taken steps to prevent blood feud phenomenon based on detailed measures,

    which are compiled periodically. The latest action plan is the one with no1277, dated

    10.24.2012. In accomplishing the tasks determined in this plan, the regional police departments

    compiled a list with all family names in conflict, in constant contact. All feud motivated crimes

    are detected and perpetrators are punished by the courts. On district bases, revenge motivated

    murders were mostly recorded in the region of Shkodra, Lezha and Kuks. Due to blood feud

    and in special occasions due to revenge there are families or individuals that confine their own

    freedom.

    51. The situation of the blood feud motivated murders during the last five years: 1) In 2008,

    were evidenced 5 murders for blood feud. 2) In 2009, was evidenced 1 murder with blood feud

    motivation. - in 2010 were evidenced 5 murders with blood feud motivations. 3) In 2011 were

    evidenced 5 murders with blood feud motivations. 4) In 2012 evidenced 8 murders with blood

    feud motivations. 5). The first trimester of 2013, no cases evidenced.

    52. Statistics related to: Article 78/2 "premeditated murder for blood feud" Article 83 / a "Serious

    Threat for revenge or blood feud" article 83 / b "Incentive for blood feud " are as follows:

    Criminal Cases Year 2011

    Article

    Cases

    (in total)

    Concluded

    Not

    Concluded

    Time of judicial decision

    Until 2

    months

    2 - 6

    months

    6 months -

    1 year

    More than

    1 year

    78/2 16 13 3 4 4 1 4

    83/a 1 0 1 0 0 0 0

    83/b 0 0 0 0 0 0 0

    Criminal Case of the first 6 months of the year 2012

    Article

    Cases

    (in total)

    Concluded

    Not Concluded Time of judicial decision

    Until 2

    months

    2 - 6

    months

    6 months -

    1 year

    More than

    1 year

    78/2 6 1 5 0 0 1 0

    83/a 3 1 2 1 0 0 0

    83/b 0 0 0 0 0 0 0

    The Convicted of the first 6 months - 2012

    Article Convicted Innocent Exempted In total

    78/2 3 0 0 3

    83/a 1 0 0 1

    83/b 0 0 0

  • 16

    Question 10

    53. In the Law no10347 "On Protection of the Rights of the Child" is determined the childrens

    right of protection from all forms of violence: a) physical and psychological violence; b) corporal

    punishment and humiliating and degrading treatment; c) discrimination, exclusion and resentment;

    d)abuse and neglect; e) disregard and neglect; f) exploitation and abuse; g) sexual violence.

    54. Pursuant to this law there are established and function institutional mechanisms responsible

    at the local level, which have the task of implementing and respecting the childrens rights. In all

    regions of the country are established Children's Rights Units (CRU) to monitor the

    implementation of law and realization of children's rights in the region. While at municipality /

    district level are established around 130 Child Protection Unit (CPU). These units are responsible

    for protecting children against all forms of violence, including body punishment of children.

    CPU are required to identify, assess, and manage cases of children at risk by coordinating these

    actions with all the necessary stakeholders to improve the situation of children as local

    authorities, but also the children themselves (when it is possible ), parents, community, etc.

    55. Also, pursuant to the Joint Order No 125, dated 08.23.2012, the Minister of Interior and

    Minister of Labour, Social Affairs and Equal Opportunities, "To protect the childrens rights

    exposed to various forms of abuses " is coordinated the work with the relevant structures of SSS

    (State Social Service), by identifying and treating 30 children who exercised the beggar, of

    whom three are sheltered in the" National Centre for Victims of Trafficking "in Linz, two are

    sheltered at Child House in Shkodra and a Baby in the House of Sauk-Tirana. The other children

    are left under their parents care and the relevant structures followed by SSS.

    56. State Agency for Child Protection in collaboration with UNICEF, has started a cycle of

    training of local administration in all regions of the country associated with the realization of

    children's rights, the applicability of the law "On the Rights of the Child" and his by-laws. These

    training sessions are attended by representatives of local institutions such as the police, health,

    education, social services, etc.

    57. All schools in the country are equipped with informational materials about New Ways of

    Discipline (NWD). An important part of this program is also the community involvement of

    parents in receipt of NWD. The Ministry of Education and Science is currently promoting

    psychological services in schools. This service operates in all urban areas and is extended step by

    step and in rural areas, primarily in schools with a large numbers of students. School

    psychologists are working to build the capacity of school administrators, teaching staff, children

    and parents to use child-centred approaches, promoting participation and strengthening the links

    between school, family and child. They also affect in encouraging schools to use child protection

    policies, identifying violence inside and outside the school and its address through

    multidisciplinary approaches.

    58. Recent amendments to the Criminal Code of the Republic of Albania reflected in the Law

    No144/2013 "On some amendments to Law no 7895, dated 27.1.1995 "Criminal Code of the

    Republic of Albania", amended bring changes to Article 124 / b "maltreatment". The second

    paragraph of this article is amended as follows: "Obligation, exploitation, drive or use of the

  • 17

    minor to work, to provide income, to beg or perform actions that affect his mental development

    and / or physical, or education, are punishable by two to five years imprisonment. The margins

    of punishment have moved and have made tougher the latter compared with the previous

    Criminal Code, but also due to a minor addition to work, to provide income, to beg, or to

    perform actions that impair his mental development and / or physical (cutting provision provided

    by the previous code) are already provided as offense the exploitation, pressure and the use of a

    minor to perform the latter.

    The elimination of slavery and servitude (Article 8)

    Question 11

    59. Important developments for the identification, referral and assistance to victims / potential

    victims of trafficking and the implementation of the National Referral Mechanism:

    Bylaws approved: 1) Order No 69, dated 25.01.2010 of the General Director of State Police "For

    the work coordination between central and local structures for the fight against human trafficking

    and identifying victims of trafficking"; 2) Decision of the Council of Minister (DCM) no142,

    dated 23.02.2011 On approval of the National Action Plan to Countering Human Beings

    Trafficking" and the additional document" Action Plan for the Fight against children trafficking

    and protecting child victims of trafficking "; DCM no 582, dated 27.07.2011 "On approval of

    Standard Operating Procedures (SOPs) for the Identification and Referral of Victims / Potential

    Victims of Trafficking". By this Decision is expressed the commitment to provide protection and

    assistance to victims and ensure potential victims of trafficking. To ensure this objective are

    already implemented and monitored standard operating procedures for the identification and

    referral of victims of trafficking (SOP), procedures which ensure proactive identification of

    victims / potential victims of trafficking and a quickly and secure reference. Adoption and

    implementation of SOPs, has made it possible the institutionalization of the steps to ensure the

    identification, rehabilitation and reintegration of victims / potential victims of trafficking.

    3)Instruction no 07, dated 10.01.2012 of the Ministry of Interior "On Approval of the procedures

    and records, which will be met by representatives of the State Police and Municipalities /

    Municipal Units / Municipalities, to find cases of children and registered in the Registry ".

    60. The New Cooperation Agreement on the Functioning of the National Referral Mechanism for

    Victims / Potential Victims of Trafficking in Persons was signed on 11th

    of June 2012. This

    agreement aims the identification, referral, protection, support and upgrade for victims / potential

    victims of trafficking, as well as their reintegration. This act is part of a common institutional

    goal against human trafficking, raising public awareness, and fulfilment of social and moral duty

    to support the re-integration of victims of trafficking. Also, in the agreement is reflected the

    expansion of partnerships with many different actors of the civil society and state authorities

    such as the Ministry of Education and Ministry of Health, which are already supporting the

    rehabilitation of victims of trafficking and potential victims of trafficking.

    61. Information for victims / potential victims of trafficking for the period 2010-2012. Year Numbers of victims / potential

    victims of trafficking

    Children Adult Albanian

    victims

    Foreigner

    victims

    2010 97 14 83 97 0

  • 18

    2011 84 39 45 84 0

    2012 92 26 66 90 2 (masculine)

    Data on registered cases for criminal proceedings, perpetrators and penalties for criminal offenses of

    "Trafficking in Persons" for the period 2010-2012.

    Year No of cases

    referred by the

    police

    No of criminal

    proceedings

    registered by

    the Prosecution

    The number

    of the

    authors

    identified by

    the Police

    The number of

    the authors

    proceeded by

    the Prosecution

    The number of people

    convicted and the measures

    of conviction by the

    Supreme Court, First

    instance

    2010 37 39 51 29 11 people

    7 - 15 years of imprisonment

    fine 3 - 4 million ALL

    2011 23 28 34 27 6 people

    10 - 15 years

    Fine 4-6 million ALL

    2012 31 30 35 11 2 people

    10-15 years of imprisonment

    Fine 4-6 million ALL

    Right to liberty and security of person, treatment of persons deprived of their liberty and

    fair trial (arts. 9, 10 and 14)

    Question 12

    62. The Law on State Police, Article 64 defines the obligation to guarantee medical assistance,

    namely: 1) When an officer is entrusted with the maintenance of a person for whom he estimates

    it needs medical attention, medical help must be sought and take necessary measures, reasonably

    practicable to protect the life and health of the person; 2) If an employee harms a person on duty,

    he should seek medical help and take the necessary and practicable to protect the life and health

    of the person.

    63. Near each district Police Directorate functions the Health Service, where persons detained

    /arrested have full access to immediate contact with the doctor, get the necessary medical help

    within the security premises and under doctor's care, sending them to the other Health Centres

    for further medical treatment. During all stages of the investigation, the detainees / arrested have

    the right of the presence of a lawyer and also in financial difficulties to ensure the state attorney.

    The presence of a lawyer is conducted at any time of the investigation stage, and actions are

    reflected in the procedural documents drafted by the Judicial Police Officers. The detainees

    /arrested are sent for evaluation measure in court within the legal time limits, limits that are

    provided in the Constitution of the Republic of Albania. We have no recorded cases of violation

    of these terms.

    64. In the context of respect for the rights of this category is designed the project on amending

    the law "On the State Police". This bill provides: 1) The rights of persons accompanied detained/

  • 19

    arrested for appealing to their claims. 2) The obligation of the police structures to track / review

    within a month of answering the complainant; 3) The right of non-governmental organizations

    (NGOs) to monitor and observe at all times the security premises of the association and police

    departments.

    65. Several bylaws are approved: 1) Order No763 dated 27.09.2011, of the General Director of

    State Police for approval of "Rules and Procedures Manual of Standard Treatments and Security

    of Persons Arrested and detained in police units". 2) Order No 158, dated 12.04.2012 of the

    General Director of State Police "To reshape Registry Identification data for escorted in the

    Directorates and the Police Stations". 3) Order No371 dated 08.08.2012 of the General Director

    of State Police "Establishing and putting into operation the Registry to identify, address and

    resolve complaints / requests of persons deprived of liberty in the premises of the State Police.

    4) Order No372 dated 08.08.2012 of the General Director of State Police "Procedure for

    approval of a standard for public order and security" identification, management and resolution

    of complaints / requests for persons deprived of their liberty, in premises of the State Police,

    "standard operating procedure for public order and security" identification, management and

    resolution of complaints / requests for persons deprived of their liberty, in the premises of the

    State Police. "

    66. Several cooperation agreements are signed: 1) Cooperation Agreement between the General

    Directorate of State Police and the Albanian Centre for Rehabilitation of Trauma and Torture,

    "For prevention of torture, maltreatment and increase the level of respect for freedoms and rights

    of persons deprived of their liberty, in the premises of police State ", dated 23.01.2012;

    2)Cooperation Agreement between the General Directorate of State Police and the

    Commissioner for Protection from Discrimination, dated 16.01.2012; 3) Cooperation Agreement

    between the General Directorate of State Police and the Albanian Helsinki Committee, dated

    26.03.2013; 4) Cooperation Agreement between the General Directorate of State Police and EIT

    with no1627 No27 dated 03.25.2013 and dated 25.03.2013.

    67. In April 2012 was held a meeting among the senior of the State Police and the representatives

    of some NGOs that protect human rights, in order to enhance the level of cooperation and

    provide full access for inspections and visits to the police station to monitor whether the rights of

    persons deprived of liberty in police premises are respected. Present at the meeting was the

    Director of the Unit for the Prevention of Torture near the Ombudsman. Also, several meetings

    between senior State Police and the Ombudsman, where have been made present the measures

    and the planned actions have been implemented, and is required to establish a regular

    cooperation in order to achieve timely and quality appropriate tasks and recommendations of the

    Ombudsman. At these meetings it was decided that a representative of the Ombudsman will

    assist the working group of the General Directorate of State Police to implement the

    Ombudsman's recommendations and those of the Council of Europe.

    68. OSCE Presence in Tirana in cooperation with PAMECA Mission in January 2012 funded the

    production of 1000 (one thousand) copies / brochures of this manual, which was distributed to all

    central and local structures of the police. Following were also produced other 800 (eight

    hundred) printed posters with the rights of persons arrested / detained and escorted. Also funded

  • 20

    by the OSCE presence became possible to produce 4000 (four thousand) leaflets on the rights of

    persons arrested / detained in 6 languages like English, Italian, Greek, French, Macedonian,

    Romanian, which were distributed to all local police units including the border crossing points.

    Question 13

    69. Article 27 of the Albanian Constitution cites that no person may be deprived of liberty except

    for the cases and according to procedures established by law, as well as in cases and proceedings

    of restricted freedom. Article 28 cites the rights, treatment and deadlines and the right to justice.

    In relation to the right of compensation, Article 44 of the Constitution provides that everyone has

    the right to be rehabilitated and / or indemnified in accordance with the law if it is damaged due

    to an act, illegal action or non-action of the state bodies1.

    70. Article 109 of the Criminal Code provides for the prohibition of abduction of a person, article

    109 / a provides the punishment of kidnapping in mitigating circumstances, while Article 110

    provides for the cancellation of unlawful detention, Article 250 provides for punishment of

    arbitrary actions by employees who work in state institution or civil service in exercising the

    duties, which affect the freedom of citizens, Article 251 punishes failure to take measures to stop

    the illegal situation, and Article 252, which condemns the detention without being sued.

    71. Law 9749, dated 4.6.2007, "On the State Police" provides that the mission of the police is to

    maintain public order and security, in accordance with the law while respecting the rights and

    freedoms of the people. Article 4 of the Law "On the State Police provides responsibilities as

    follows: in the responsibilities of the Police is provided the protection of human life, safety and

    personal property, to prevent, detect and investigate, in accordance with the criminal law and

    criminal procedural law and the performance of their authors, to protect public order and

    security. Regarding the treatment of the accompanied person article 64 of the law stipulates the

    obligation to guarantee medical assistance, provided that when to an officer is entrusted the

    preservation of a person for whom he estimates that needs medical care, the Police should seek

    medical help and take the necessary measures, to protect the life and health of the person. If an

    employee harms a person in the course of an action when on duty, he should seek medical help

    and take the necessary and practicable guidelines to protect the life and health of the person.

    72. In taking action to avoid risk measures are proportional to the degree of danger and it should

    not be overstepping the boundaries of the need for the presented situation. Also the law "On the

    State Police" stipulates the obligation of the police to report the relevant violation on the

    superiors or, in his absence, any offense for which he has reasonable suspicion to believe that has

    been committed by a person, whether it is aware of the breach in the performance of duty or in

    other situations. The accompanying of the persons in the offices of Police is done for the

    supervision of a minor for education purposes or to bring them to the competent authority, and

    when the person is the carrier of a contagious disease, mentally incompetent and dangerous to

    society. The accompanied persons have the right to humane treatment and respect of their dignity

    and are kept in detached from the detainees. They are immediately notified by the police officer

    1 Detailed information regarding the constitutional and other legal provisions given in Annex No 5 attached.

  • 21

    for the reasons of going into the police. The keeping of the people in the police lasts until the

    necessary verifications are carried out, but not more than 10 hours.

    73. For the accompanying and holding persons in the offices of Police, the Police officer

    prepares the action document and immediately notifies his superior or body concerned to resolve

    the case. In all cases the association and retention in the police offices are taken in consideration

    the personal and family conditions of the associated person.

    The escorted people are immediately notified for the reasons of escorting, as well as the right to

    inform a relative or a person whom he trusts. If the accompanied person is unable to exercise his

    rights as above and if against the will of the person, the police will notify mainly persons

    mentioned above. When the person accompanied is a minor, then in each case is immediately

    notified the person responsible for his supervision. The same applies to adults, who are assigned

    to a career. Females and males are accompanied in isolated environments. The minors are

    accompanied in separate environments from those of adults.

    74. In the Code of Criminal Procedure ( CCP) are mentioned the rights of the victim of the

    offense, namely (article 58): 1) "person or his heirs aggrieved by criminal offense have the right

    to seek prosecution of the guilty and compensation for damage; 2) the injured person who has no

    legal capacity to act, exercises the rights that are recognized by law through his legal

    representative; 3) the injured party has the right to file claims in the proceeding and to request

    evidence. When the request is not accepted by the prosecutor, it has the right to appeal in court

    within five days of receiving the notice "(Article 58). In Article 59 of the CCP in relation with

    the injured accuser is stated that "a person who is aggrieved by the offenses provided in the Penal

    Code2 has the right of petition in the court and to take part in the hearing as a party to proof the

    charge and to obtain compensation. 2. The prosecutor participates in the trial of these cases and,

    where appropriate, requires the punishment of the defendant or his innocence. 3. If the injured

    accuser or his appointed counsel did not appear at the hearing without a good cause, the court

    decides to dismiss the case. CCP sets the procedures concerning the compensation for unjust

    imprisonment and the Civil Code provides for compensation for damage caused illegally and

    with guilt. Article 60 provides for the submission of the application modalities of the injured

    accuser before the court, and determines that the request should be submitted as it is attributable

    to the offense person.

    75. In relation to compensation for unjust imprisonment in the Code of Criminal Procedure,

    Article 268, provides application conditions, specifically: a) the one who is pronounced innocent

    by a final decision is entitled to compensation for serving detention, apart from when is proved

    that the wrong or non-disclosure in a timely manner of the unknown fact is wholly or partly

    attributable to the individual; b) the same right belongs to the prisoner who had been detained,

    when by a final decision is confirmed that the act with which the measures are taken is issued

    without the conditions provided by Articles 228 and 229; c) the provisions of paragraphs 1 and 2

    shall also be applied in favour of the person to whom the case has been dismissed by the court or

    prosecutor; d) when the decision of the court establishes the fact that it is not foreseen by law as

    a crime, because of the nullification of the respective provision, the right to compensation is not

    recognized for the part of detention served before the nullification. In Article 269, the claim for

    2 Articles 90, 91, 92,

    112 first paragraphs, 119, 120, 121, 122, 125, 127, 148, 149, 254.

  • 22

    compensation is determines that: a) the claim for compensation must be made otherwise it is not

    accepted, within three years from the date on which the judgment of guilty or suspension of the

    case has become final. 2) The amount of compensation and the method of calculation, as well as

    cases of home arrest compensation are determined by a special law.

    76. Law no 9381 dated 28.04.2005 "On compensation for unjust imprisonment" has as an object

    the regulation of benefit and compensation cases for unjust imprisonment, including house arrest

    and the extent and manner of its calculation and application procedures, salary and compensation

    for unjust imprisonment. The right to compensation for the detention suffered if for the person

    who is declared innocent or for the case which has been dismissed by the final court decision or

    prosecutors, or held in jail after the time specified in the sentence.

    Question 14

    77. As mentioned in question No 6 of the Criminal Code it is specifically provided as a new

    criminal offense the "enforced disappearance". Also the CC provides as a criminal offense the

    unlawful deprivation of liberty, as well as unfair and abduction of a person.

    78. In connection with secret arrests the State Police informs that there are not secret arrests. For

    specific foreign nationals who carry out illegal activities such as terrorist acts within our territory

    or acts against the interests of our state, legal obligations foreseen in the Criminal Code are

    applied, this means that police structures are propelled only on paper - messages coming from

    the structures of the respective states. Persons are put on the checklist and in these conditions are

    carried out procedural actions under the direction of the prosecutor.

    Question 15

    79. According to Law no 8432, dated 14.12.1998 "On asylum in the Republic of Albania",

    amended by Law no 10060, dated 26.01.2009 " Albania recognizes and respects the obligation

    not to return and remove from its territory, individuals who have sought asylum or temporary

    protection or to whom asylum was granted in these cases: a) in a country where their life or

    freedom would be jeopardized due to racial, religious, nationality, membership in a particular

    social group or political convictions discrimination, or b) in a state where they would be subject

    to torture and inhuman and degrading punishment, or any other treatment provided for in

    international treaties to which Albania is part, and c) the country of origin, in case they are

    granted temporary protection in accordance with the provisions of this law d) in a third country,

    which can send a person back to a country indicated in paragraph "a" and "b" of this article. The

    asylum seeker whose application for asylum has been rejected by the Department for Citizenship

    and Refugees, are not expelled from the territory of Albania, before signing a legal provision for

    the possibilities for the exercise of procedural rights and safeguards provided in the law.

    80. The Department of Citizenship and Refugees performs the application and hearing sessions

    pursuant to the Law No 8432, dated 14.12.1998 "On asylum in the Republic of Albania", as

    amended, and these asylum seekers are in the process or have already made the decision. With

    regard to persons entering the country illegally are subject to a form of selection for asylum. The

    selection procedure aims at preventing the return of foreign persons entering illegally in the

    territory of the Republic of Albania and enables them to be identified as asylum seekers or

    irregular immigrants. This procedure is carried out by the Border and Migration Police, in close

  • 23

    and constant communication with the Department of Citizenship and Refugees. Although the

    number of asylum seekers is low, it is important that the Department of Citizenship and Refugees

    provide a literal implementation of the law on asylum. This shows a full commitment to

    fundamental rights, like the right to international protection from persecution and torture or other

    forms of treatment.

    81. Also in terms of legal framework it is highlighted: 1) Decision of the Council of Minister

    (DCM) no1102, dated 04.11.2009 "On the treatment and health services to persons who have

    been granted asylum and of persons who have applied for asylum in the RA"; 2) Decree of the

    Minister of Education no 32, dated 26.10.2009 "On the registration and evaluation of students

    who have been granted asylum in the RA. 3) Rules of Procedure of the National Reception

    Centre for Asylum Seekers, in Babrru Area, no 1561/2, dated 16.05.20073.

    Question 16

    82. The High Council of Justice is a constitutional body specially arranged in Article 147 of the

    Constitution of the Republic of Albania. Law no 8811, dated 17.05.2001 "On the organization

    and functioning of the High Council of Justice", as amended, provides that the Council is the

    only authority responsible for the state to realize protection, appointment, transfer, discharge,

    education, moral and professional assessment, career and to control the operation of the first

    instance and appeal court. The organizational structure of the Council is a guarantee for its

    independence: out of 15 members, 9 are elected by the judges in the National Judicial

    Conference, in which are entitled to attend all court suits of first instance and appeal courts to

    members of the Supreme Court

    83. To ensure a more efficient and transparent functioning, the Council has adopted for the

    period 2010 up to now, a series of laws that define detailed rules, in order to ensure transparent

    procedures to select the best candidates to fill the vacancies: 1) Decision No 269/2, dated

    27.09.2010 "On detailed rules for the scoring system of mandatory application in the selection of

    candidates to fill vacant seats in the Courts of Appeal and the Supreme Court ". 2) Decision

    no274 / 2, dated 16.02.2011 "On the organization and functioning of the Commission to review

    the nominees', as amended by Decision no294 / 3 dated 09/14/2012.

    84. In the framework of the measures against corruption in the justice system, are approved

    constitutional amendments related to limiting the immunity of judges. The High Council of

    Justice is currently conducting the assessment and training of judges, so far has assessed 130

    judges, which will increase the accountability of duty by judges. Special importance is given to

    the complaints of citizens. There is a special portal on the official website of the HCJ where all

    the complaints are directly stored. The inspectorate verifies each file and when ascertains the

    existence of disciplinary or dismissal of judges cases, disciplinary proceedings may be initiated.

    The HCJ has a special register for the complaints of the citizens, which has recently added a

    special section to identify separately the complaints on corruption cases.

    3 Information regarding the function of the National Centre for Asylum Seekers reception is given in Annex no 6.

  • 24

    85. In the table below, are provided the statistics on complaints filed in 2010, indicating the total

    number of complaints received, the number of complaints that are estimated to be verified by

    inspectors and the number of complaints where disciplinary violation were verified :

    Year Total number Verified complaints Number of complaints with

    disciplinary violations

    2010 1047 227 74

    2011 995 273 76

    Year Number of

    complaints

    Un based

    complaints

    Verified

    Complaints

    Complaints

    with

    violations

    For

    professional

    evaluation

    Emphasis

    of

    violation

    in written

    from

    Sent to

    the

    Ministry

    of

    Justice

    2012 767 379 72 28 18 4 6

    Januar

    y-May

    2013

    368

    158

    53 81 29 44 8

    86. From 2010 till now, the High Council of Justice has reviewed the request of the Minister of

    Justice for judicial disciplinary proceedings and has taken 36 decisions accordingly. In

    connection with the operation of inspectorates, on 09/13/2012 was signed the Memorandum of

    Cooperation between the Minister of Justice and Vice Chairman of the HCJ "To avoid the

    overlapping of responsibilities in judicial inspection". The purpose of this memorandum is to

    harmonize the procedures and practice of judicial inspection at both institutions. This

    cooperation is realized mainly through the exchange of information on a regular basis on the

    program of inspections, complaints filed and court statistics. The implementation of the

    memorandum resulted effective in fulfilling its goal. With the assistance of EURALIUS III, it is

    published the manual for the verification of complaints procedures and inspection of courts of

    first instance and appeal courts and it is available to inspectors of both institutions, as well as

    were organized trainings.

    Question 17

    87. In recent changes to the Code of Civil Procedure, approved by law no 122/2013 On

    amendments to the Law no8116, dated 29.03.1996" Code of Civil Procedure of the Republic of

    Albania "amended", are included several measures aimed at shortening the time of trial. Thus:

    1) The last paragraph of Article 35 differs from predicting that the judgment of the Supreme

    Court cases is made by three judges and not by five judges for all cases that at first instance are

    judged by one judge , thereby accelerating the trial. 2) The second paragraph of Article 63 is

    amended by providing that the appeal hearing in chambers, in college with a panel of three

    judges and the Supreme Court is stated in a reasonable decision not later than 30 days from the

    filing of the complaint. 3) The letter "c" in the first paragraph of Article 472 is repealed, except

    the right to recourse decisions for procedural violations that have affected the verdict. This will

    allow the reduction of the number of the cases judged in the Supreme Court. 4) Article 310/1

    provides that "the court's decision for which will be issued the execution order, pursuant to Part

  • 25

    Four of this Code, in each case is accompanied by a copy of the order of execution, prepared and

    signed by the presiding judge or panel, which rendered the judgment.

    88. The implementation of this intervention, on the one hand, will have a positive impact on the

    courts, because of the reduction of the caseload that they will consider and will enable the

    increased efficiency and shortening of the trial time of other cases. On the other hand, this

    intervention will positively affect the citizens, as will be shortened the procedure for the

    execution of a final civil judgment, which serves to accelerate the implementation of the

    sentence, reduces financial cost to citizens as a result of a simplified procedure and will increase

    legal certainty. Consequently, the execution procedure is more practical and efficient. These

    changes aim at shortening and simplifying the procedures of execution in a more effective way

    of court decisions and facilitate the procedures to be followed by citizens, which currently are

    prolonged, having additional costs to the applicant, for executing an order.

    89. The administrative reform for a fair and complete trial within a reasonable time provided in

    the law no 49/2012 "On the organization and functioning of administrative courts and

    administrative disputes", aimed at reducing the number of issues that have been examined so far

    by the Administrative Section of the Court of First Instance, Tirana.

    90. The High Council of Justice, as the responsible authority for evaluating the judges of the

    courts of first instance and appeal courts, has adopted/approved several decisions: 1) Decision no

    261/2, dated 14.04.2010 'Judges Assessment System', where are also defined the criteria for

    judicial actions. Defined as an element in the decision of the judge e